ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00016773
Parties:
| Complainant | Respondent |
Anonymised Parties | Store Manager | Retail Store |
Representatives | Self represented | No attendance |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00021811-001 | 12/09/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00021811-002 | 12/09/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00021811-003 | 12/09/2018 |
Date of Adjudication Hearing: 19/02/2019
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 – 2014, Section 27 of The Organisation of Working Time Act 1997 and Section 6 of the Payment of Wages Act 1991 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant was employed by the Respondent from 2004 to 2018. She submitted 3 complaints to the WRC. One of the complaints CA-00021811-001 for redundancy payment was withdrawn by the Complainant at the hearing. |
Summary of Complainant’s Case:
The Complainant stated that she worked at the Respondent’s premises from 1st August 2004 until 18th April 2018, when she arrived at work and the shop had closed down. She subsequently received her statutory redundancy payment. However, payments due in the amount of €2,181.92 for 13 days annual leave accrued and not taken, and €5,035.20 for entitlement to minimum notice were not paid to her. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing. |
Decision:
CA-00021811-001 – withdrawn at the hearing. CA-00021811-002 – Organisation of Working Time Act 1997 – The Complainant submitted a letter received by her dated 20th April 2018 from the Respondent confirming that she had not been paid her entitlement to 13 days holiday pay. I find the complaint to be well founded and I require the respondent to pay to the Complainant the sum of €2,181.91. CA-00021811-003 – Payment of Wages Act 1991 The Complainant submitted a letter received by her dated 20th April 2018 from the Respondent confirming that she had not been paid her entitlement to 6 weeks payment in lieu of notice. I find the complaint to be well founded and I require the respondent to pay to the Complainant the sum of €5,035.20.
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